Discharge Without
Conviction – Section 106
Protecting your employment, professional registration, immigration status, travel and future opportunities.
A criminal conviction can have consequences well beyond the sentence imposed by the Court. In appropriate cases, the Court can grant a discharge without conviction under section 106 of the Sentencing Act 2002.
ActiveLegal regularly advises and represents clients seeking a discharge without conviction. We can assess whether an application is realistic and prepare the evidence and legal submissions required.
Can I Get a Discharge Without Conviction?
Whether a discharge without conviction is available depends on the facts of your case. Under section 107 of the Sentencing Act 2002, the Court must be satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offending.
Are the direct and indirect consequences of conviction out of all proportion to the gravity of the offending?
The Court generally considers three key questions:
A strong Section 106 application identifies the consequences that genuinely apply to you and supports them with reliable evidence.
How Can a Conviction Affect Me?
For a discharge without conviction application, the important issue is the specific effect a conviction is likely to have on you. Depending on your circumstances, consequences may include:
